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Ozzy Osbourne Says He’s Suing Band Mate ‘With Regret’

By Dave Itzkoff May 29, 2009 5:57 pmMay 29, 2009 5:57 pm

The venerable heavy metal musician Ozzy Osbourne acknowledged in a statement that he is suing Tony Iommi, his longtime band mate in the group Black Sabbath. On Friday, The New York Post reported that Mr. Osbourne had filed a claim with the US Patent and Trademark Office, saying that Mr. Iommi had illegally taken sole possession of the band’s name, and that he is suing Mr. Iommi in a Manhattan federal court for a 50 percent interest in the Black Sabbath trademark and a portion of Mr. Iommi’s profits from use of the name.

In a statement, Mr. Osbourne wrote that he was partly responsible for restoring the value of the Black Sabbath brand at a time when it was “literally in the toilet,” adding that he believed the trademark should be owned equally by himself, Mr. Iommi and the Black Sabbath musicians Geezer Butler and Bill Ward.

Mr. Osbourne’s full statement follows after the jump. (It’s quite possibly the longest piece of writing he’s attached his name to in several years.)

It is with great regret that I had to resort to legal action against my long term partner, Tony Iommi, but after three years of trying to resolve this issue amicably, I feel I have no other recourse. As of the mid-1990’s, after constant and numerous changes in band members, the brand of “Black Sabbath” was literally in the toilet and Tony Iommi (touring under the name Black Sabbath) was reduced to performing in clubs. Since 1997 when Geezer, Bill and myself rejoined the band, Black Sabbath has returned to its former glory as we headlined sold-out arenas and amphitheaters playing to upwards of 50,000 people at each show around the world. We worked collectively to restore credibility and bring dignity back to the name “Black Sabbath” which lead to the band being inducted into the UK and US Rock & Roll Hall of Fames in 2005 and 2006, respectively. Throughout the last 12 years, it was my management representatives who oversaw the marketing and quality control of the “Black Sabbath” brand through OZZFEST, touring, merchandising and album reissues. The name “Black Sabbath” now has a worldwide prestige and merchandising value that it would not have had by continuing on the road it was on prior to the 1997 reunion tour. Tony, I am so sorry it’s had to get to this point by me having to take this action against you. I don’t have the right to speak for Geezer and Bill, but I feel that morally and ethically the trademark should be owned by the four of us equally. I hope that by me taking this first step that it will ultimately end up that way. We’ve all worked too hard and long in our careers to allow you to sell merchandise that features all our faces, old Black Sabbath album covers and band logos, and then you tell us that you own the copyright. We’re all in our 60’s now. The Black Sabbath legacy should live on long after we have all gone. Please do the right thing.

Everybody involved has a serious problem. Does any band touring under the banner, Black Sabbath, have a right to the title without Ozzy? Definitely not. Does Tommy Iommi have a right to play live from the Sabbath songbook? Absolutely. Tommy’s needs to adjust the same to “Sabbath.”

Similarly, Bob Weir and other Grateful Dead musicians currently tour under the name “The Dead because they are not the “Grateful Dead,” because that can only exist with Jerry Garcia at the helm.